Separation of Powers in the Palestinian Law: Does it Reflect the Democratic System? (A Comparative Approach with Indonesia)

Main Article Content

Ahmed M A Hamad
https://orcid.org/0000-0003-4055-4967
Rachma Indriyani
https://orcid.org/0000-0002-2687-7746
Ammar M. Mahmoud Al Ramadan
https://orcid.org/0000-0002-8281-3384
Riska Andi Fitriono
https://orcid.org/0000-0001-7284-5924

Abstract

The principle of separation of powers among the three organs of government i.e., the Legislative, Executive, and Judiciary are one of the main pillars of the democratic system. This principle guarantees a balance of powers between these three organs. However, in Palestine, the issue arises as a result of a lack of commitment from these organs to practically apply this principle in accordance with the Palestinian Basic Law of 2003. Nevertheless, in Indonesian Constitution of 1945 has stated that is a democratic country with the foundation of a separation of powers. In addition, the practice in Indonesia shows that there is various constitutional mechanism to split the power. The objectives of this article are to examine the practice of separation of powers in Palestine and Indonesia and to harmonize the theoretical and practical aspects. In order to achieve these objectives, doctrinal legal research using the qualitative approach was engaged. Findings show that the principle of separation of powers was not fully practiced in Palestine between the three organs, especially the Executive and there is an absence of constitutional oversight. This article recommends that the role of the Palestinian Supreme Constitutional Court be activated to monitor all three governmental organs to ensure that this principle is fully implemented.

Article Details

How to Cite
Hamad, A. M. A., Indriyani, R., Al Ramadan, A. M. M., & Fitriono, R. A. (2022). Separation of Powers in the Palestinian Law: Does it Reflect the Democratic System? (A Comparative Approach with Indonesia). Lex Scientia Law Review, 6(2), 265-298. https://doi.org/10.15294/lesrev.v6i2.58038
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Articles
Author Biographies

Ahmed M A Hamad, School of Law, University of Palestine

Ahmed M A Hamad is a Doctor from the School of Law, Universiti Utara Malaysia (UUM). He has accomplished a Master of Public Law, Al Azhar University, Palestine, 2018, and a Bachelor of Law, Al Azhar University, Palestine, 2014. Besides, he has experience in teaching undergraduate students at Al Azhar University for one year and teaching the Arabic language at the Al Azhar Institute in Palestine. In addition, he has attended workshops about how to publish in high-ranking Journals at UUM, in February 2019

Rachma Indriyani, Faculty of Law, Universitas Sebelas Maret

Rachma Indriyani, Ph.D is Lecturer (assistant professor) at the Faculty of Law, Universitas Sebelas Maret. Her research interest is in the field of international law and the law of the sea

Ammar M. Mahmoud Al Ramadan, College of Law, Government and International Studies, Universiti Utara Malaysia

Ammar Mahmoud Al Ramadan is a researcher and a doctoral fellow at the College of Law, Government and International Studies, Universiti Utara Malaysia.   His areas of interest include policy, comparative and quantitative study.

Riska Andi Fitriono, Faculty of Law, Universitas Sebelas Maret

Riska Andi Fitriono is a lecturer in Faculty of Law, Universitas Sebelas Maret, Indonesia. He is pursuing a PhD from Faculty of Law Universitas Diponegoro. His research area in Criminal Law and Criminology.

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